Indigenous women are working alongside allies to educate the public about the Doctrine of Discovery, the political and legal justification for colonization of indigenous lands across the planet.
Featuring: Mohawk Bear Clan Mother Louise McDonald Herne, better known as Mommabear, Mohawk attorney and educator Beverly Jacobs and Sarah Bradley and Brittany Koteles from Land Justice Futures.
Transcript
Michelle Schenandoah: (♪)We are
living in a time of great change, and it’s critical for us
to come together as one human family, so that all of our
grandchildren, many greats into the future, will be able to
enjoy life here on Mother Earth. May rematriated voices create a
space within your heart and mind to join with Indigenous thought
leaders and allies. We’ve been brought together for a reason.
It’s up to all of us to figure out why. Welcome to Rematriated
Voices. I’m your host Michelle Shenandoah Wolf Clan member of
the Oneida Nation of the Haudenosaunee Confederacy. (♪) On
this episode of Rematriated Voices, Indigenous women are
working alongside allies to educate the public about the
Doctrine of Discovery, the political and legal
justification for the colonization of Indigenous lands
across the planet. I’m joined by Mohawk bear clan mother Louise
McDonald Herne, better known as Mommabear, Mohawk attorney and
educator Beverly Jacobs and Sarah Bradley and Brittany
Koteles from Land Justice Futures. We recorded this
episode on a beautiful autumn day by Blue Mountain Lake in the
Adirondacks. So go Lisa, Greg. I’m so grateful we’re here
today. And this is rematriated voices, and today we’re here to
talk about Mother Law and the Doctrine of Discovery is. So
what is the Doctrine of Discovery? Why do people not
know about it? And why should they care? and complicit. No
more. Today we will just delve into some very deep conversation
about the Doctrine of Discovery, why people need to know about
it, what can they do about it, and what are actions Indigenous
women are taking to address the Doctrine of Discovery is. So
what is the Doctrine of Discovery? Why do people not
know about it? And why should they care? So with that, we have
our Indigenous contingency here, and we also have our allies. And
so Sarah and Brittany, you have founded an organization called
Land Justice Futures. Would you tell us what is your
organization’s mission and how do you bring it to life? Brittany Koteles: Land justice
futures is an organization that we’ve been running for about
three years now, and we work with Catholic Sisters who are
making decisions about their land, and we work to transform
those discernments into a journey of land justice. So what
that means is centering racial and ecological healing,
expanding who governs and loves the land, to be the people who
have been most impacted by colonization and to support
sisters in pursuing futures of the lands that they love that
really put that at the center. And I’ll just say the one of the
reasons why we do this is that the Catholic Church is the
largest private landowner in the world, and was one of the main
drivers of the project of colonization. And these sisters,
many of these communities, are at a point where their numbers
are growing smaller. They’re growing older. The average age
of a Catholic sister is 82 years old, and so they are at this
moment of letting go of a lot of the life that they’ve known, and
in particular, they’re making decisions about land. And so we
come in to say, what if this moment of letting go could also
be a culturally powerful moment, teaching the world ,so much of
the overculture, how to let go of a paradigm that hasn’t served
anyone. On the ground level, we work with communities who are
making decisions about land, and we work to find Indigenous
stewards who can come back into relationship with that land, and
we support sisters to go about that looking at the link between
colonization, The Church, climate change, etc. How to do
that holistically? And I think on the air level or the higher
level, the work is about culture change. It’s about changing,
changing the story, and empowering people inside an
institution that’s done so much harm to tell a different story
of what’s possible. Michelle Schenandoah: Yeah, the
two of you do a considerable amount of work to educate folks
on the Doctrine of Discovery, and yet a lot of people have no
idea what the Doctrine of Discovery is. So what is the
Doctrine of Discovery? Why do people not know about it? And
why should they care? Sarah Bradley: Well, first it’s
it’s intimidating to answer this question with the three of you,
but I’ll share what, you know, we have learned in this process,
and what we really share with sisters in the in the
communities that we work with. The Doctrine of Discovery is an
active legal doctrine that is a foundation to US property law to
this day, and US notions of sovereignty to this day that is
rooted in extremely racist and Christian supremacist ideas that
were promoted by the Pope in the 15th century. So the doctrine of
discovery was really initiated by a set of Papal bulls or
letters from the pope that really invited European nations
at the time that were nascent in growing their own empires to go
out and conquer, and to go out and conquer in the name of
Christianity, and to do that based on the premise that
European Christians were superior and were favored by God
and therefore deserved and deserved the land, deserved to
govern the land, to be in power. And it’s these false notions
that really have become embedded in our culture and even even in
our in our worldview for many, many Americans today, the the
notion of what it means to be an American is very much rooted in
some of these ideas of conquest and expansion. You know, I think
that a lot of people think of the idea of, you know, America
and Manifest Destiny, and like, you know, this being God’s
country when the settlers came is something that people take to
be inevitable, rather than created by people in a moment of
time, rather than created by specific people with specific
power at political power at that time, and when we recognize
that, we recognize how constructed it is, and therefore
it can be unconstructed. What, what’s made by us can be unmade.
And so I think it’s, it’s hidden in plain sight, you know, like
this is, this is, you know, foundational to US property law
lawyers learn about it in some of their first US property law
classes. And yet it’s not examined. It’s not examined for
Wait a minute, why are these letters from a pope the basis of
land rights in the United States? Why are they the basis
of why some people have power and some people don’t. Why do we
give them creedence? Why do they give give them power? Because
we’re doing that with our consent and with the consent of
those who are still in power today and govern the United
States. Michelle Schenandoah: Yeah.
Thank you. Thank you for that. Brittany Koteles: Just to drill
a little deeper into what we’re talking about when we say these,
these papal bulls, sort of made the call to go…the literal
wording is calling on Christian leaders to “vanquish, conquer,
capture and subdue non Christian people” Sarah Bradley: And to reduce
them to perpetual slavery. Brittany Koteles: And to reduce
them to perpetual slavery. So they say “Pagans and Saracens”,
but they’re saying “non- Christian people”. And they use
this term “terra nullius”, which means “empty land”. So they say,
go any any land that doesn’t have a Christian flag planted on
it is empty and open to discovery. And why that’s so
important, when Sarah is saying, this is what law students
learning how to become lawyers in their first property law
class, one of the first cases, as you know, as a lawyer, that
everyone studying to be a lawyer in this country learns is 1823
Johnson versus McIntosh, which is a is a is the first property
dispute to be heard by the Supreme Court, and literally it
says “discovery by the European nation overlooks all proprietary
rights in the natives.” And that is citing – the US Supreme Court
judges were looking for legal precedent to justify land theft,
and what they cited was the papal bulls, and I know we’ll
probably get into how that’s happened even more recently, by
even people we love. It’s so blatantly cited – this totally
fabricated logic is cited in plain sight and forms the
foundation of us, property law today. Michelle Schenandoah: Yeah,
thank you, yeah, Mommabear, What was your reaction when you first
learned about the Doctrine of Discovery, and what did you do
about it? What was your response. Mommabear: The first time I
heard it was probably back in 2003 when I heard Oren Lyons
bring that to light at a at a youth and elders gathering. And
it, it followed me home, and I could not believe that that kind
of poisonous thinking exists in the world. And so for me, I had
to sit back and wonder, once you discover something, how can you
undiscover it? Is that possible? And, you know, I might want to
add to what these beautiful young ladies said, you know,
that’s powered by patriarchy. It’s powered by some really
ill-minded male thinking. And it’s not to put all the men in
one group, because they’re not all the same, but there was some
really psychotic thinking, I think, back then, to deem
themselves superior, over over something, and that has to be
rooted even in a in a deeper sense of power over right? And
to me, the reason that they can exist is because there’s no
mother there to correct them. There’s no love of Mother,
there’s no reverence for Mother, and that the Mother is missing
from the equation, or she’s not in the house, and that it’s just
predominantly, you know, male driven, male dominance, male
power, male strength. And to me, that’s patriarchy, and the
father can’t stand alone. There’s always got to be the
balance, and Indigenous thinking knows that and believes that and
lives that, that there’s always a balance, you know, that
haunted me, and I couldn’t sleep. And so I’m like, “well,
how can I flip the table on this thing called Manifest Destiny
and Doctrine of Discovery?” And I went into this place of going
within and understanding how the Haudenosaunee matrilineage
works, the maternal order, the Mother line and I just start
writing away and I came up with this Mother Law. Because the
first Europeans didn’t realize that they were stepping onto a
hemisphere of women, of Mother, and to me, Mother is vital,
necessary, and the world can’t exist without her. The Doctrine
of Discovery is out of order, and it has no standing and
everything that comes from human thinking is null and void,
because the Indigenous perspective comes from a place
of natural order. The Mother is natural from the sunrise the
moonrise to the moonset and the sunset to the river flowing, to
the grass growing, all of it is natural order, and that is law.
And that is first law. From the first environment of the womb of
the mother to the natural flow of the rivers, you can’t
supersede that. And so anything imagined, written or thought of
by man is null and void. And so for me, when that’s totally out
of alignment into the natural order of things, and you can’t
exclude the mother and think that you can be healthy, the
mother is here to nourish, nurture, to bring balance and to
give life, and to me, that is the tallest order in any
society, but these man made laws have done everything to oppress
her, and I think now we’re stepping into this moment where
the mother has to bring honor back to our men and not be
afraid to correct them. And this Doctrine of Discovery has got to
go, and it’s been very detrimental, especially with the
250th birthday coming up for the United States. It’s still
perpetuating itself on a lie. It’s a lie. People been living a
lie, and it has to come to the forefront. So basically, you
know, my reaction to the Doctrine of Discovery is I was
pissed. I’m still pissed, from the position of a clan mother
within our nation, and to think of all the women that were part
of the destruction, you know, and how their voices got
diminished, and they’re, you know, relegated to the shadows.
No more, no more. We’re gonna venerate her back to her
rightful place. Michelle Schenandoah: Yeah,
yeah. Yeah, thank you. It’s like confirmation with this beautiful
breeze that’s coming through, and just the sounds of nature is
just responding, and, you know, supporting, supporting this
message that’s coming through. And I know, for me, the first
time that I heard about the Doctrine of Discovery was when
it was cited against my nation. But the first time I actually
spent some time to study it was when I was in law school, and
every single law student in the United States has to take a real
property class, and that’s the very first case that every
single law student in the United States reads and they learn
about the Doctrine of Discovery. And I can imagine that a lot of
conversation in the classrooms was no different than mine,
which was it boiled down to a conversation by 140
non-Indigenous students talking about who taught who how to
scalp. There was no real meaningful dialog that happened
at all. It was really sad, and so that’s what the attorneys
learned. There’s so many who are practicing now. Every single
attorney has encountered this Doctrine of Discovery, but may
not realize what it really truly meant, like you’re saying is
hidden in plain sight. So with that, Beverley, you are a
Haudenosaunee lawyer, and you’re also a practicing lawyer in
Canada, and the doctor of discovery has had impacts
worldwide. Can you talk a little bit about the impacts on
Indigenous peoples in Canada and even worldwide? Beverley Jacobs: It isn’t any
different in Canada in teaching about law and property law, and
that the Doctrine of Discovery and the first case, a Macintosh
case, is also one of the first cases that’s taught in property
law in Canada too. It’s still the underlying basis of property
law. It’s the underlying basis of how law has been imposed in
both Canada and the US. So whether it’s constitutional law,
property law, criminal law, everything underlying it is the
Doctrine of Discovery, because it was about the control over
land and it was control over people, and especially
Indigenous people, that was the whole intention was to to try to
erase us as a people, because we are so connected to the land,
and there was no recognition of who we are as a people, that we
have our own ways of being, that we have our own legal orders,
that we have our own ways, you know, of of how we live, with
ceremony, with language. There was that whole superior inferior
infused into everything. And so the impacts, impacts are huge in
the sense of even how we think about who we are and where we
come from, and how far away we are from practicing our own
laws, and even our own people’s belief that colonial law is is
the answer to to everything and so, so now it’s like, it’s like
we’re in this space of understanding it, understanding
and what we’re trying to educate in the public about how it has
had such a huge impact on everyone. So I would say on on
men, on our women, on our knowledge holders, on our
children, on our youth, like just just our whole our roles
and responsibilities as Indigenous people, as
Haudenosaunee people, was part of our living together, our, you
know, just our collective how we think of things in more of a
collective way of thinking, whereas in this whole Doctrine,
it was about commodity, it was about resources, individual
thinking, individual ways of being, and based on patriarchy
and the way the laws that were also imposed on Indigenous
people is also to say that we have, we have nothing like that.
Terra Nullius meant that we were nothing. We were not human. We
were not connected to the land. We had no no understanding like
we thinking that we were we. Really stupid people, and from
my understanding and growing up, we’re pretty brilliant people.
And maintain, not only over the years and how we’ve been able to
maintain who we are, our language is still intact. It may
be impacted, our laws are impacted, but it still exists.
And to me, that’s what’s important, but the struggle is
still the systemic struggle, because systemically colonial
law still has control over the land. Their laws still control
many of us, whether in the US or in Canada. So part of
understanding the huge impacts, and generationally, you know how
they’ve impacted over generations, and I’m a great
grandma now, and I think of how, how much those impacts still
have on our future until we shift it, which is what we’re
doing now and when we’re shifting it, it’s going to make
sure that those kinds of ways of thinking have to stop. Those
ways of thinking of superiority, or even superiority over the
land, over creation, has to stop. And in order to do that,
we educate, to me that’s that’s like the biggest solution, and
also understanding the impacts, because even some of our own
people don’t understand the impacts, even just of the
Doctrine of Discovery and the control over land, and even the
way we think about land, like even, even at home, we have
these certificates of possession right or meet, these kind of
deeds that we have over our land. And that’s not how we ever
thought about our land. Actually, I wrote about it in my
Master’s in Law thesis called Eurocentric Diffusionism. It’s
where we’ve thought about these impacts of Eurocentric law and
control so much and ways of being that we forgot about our
own and so, so now it’s returning, and now, now it’s
time. It’s time to understand the impacts that it has had on
our men, the impacts that it’s had on our women, on our
children, right on, on the youth, on the on the elders, and
just the responsibilities that we have in our relationships,
like, to me, that’s the most important. And how even, even
the disconnect to the land, like that’s that’s been a huge impact
in our relationship to our Mother, like, what Mommabear is,
as you know, implemented. When I first heard about Mother Law,
it’s like, yeah, that’s, that’s the answer. Because Mother we,
we’re connected to her. That’s Mother Law. Our mother is, is
our responsibility as as human beings. So that’s there’s a lot
and just so much trauma, also, like the traumatic experiences,
historical trauma, all of the systemic, all of the ways that
the US and Canada have used their laws to try to erase us as
a people just learning that and how it has had an impact on me
specifically, I had to do that. I had to understand how that’s
happened to me personally, so that I could help my my kids and
and my family to also understand why things are the way they are
today. Michelle Schenandoah: Yeah,
yeah. It’s a process of unlearning, right? Learning to
unlearn, right? Yeah, this is a question out to anyone. So in
1823 as we’ve noted here, the US Supreme Court invoked the
Doctrine of Discovery in the Johnson V McIntosh case, the
Doctrine of Discovery is still valid law to this day in the
United States, in Canada, and it’s made its way in other
places around the world. In 1823, why did the court invoke
the Doctrine of Discovery, and what has been its effect? Sarah Bradley: Well, I think one
of the one of the answers to that question is that the, you
know, nascent United States wanted more land. It wanted to
expand westward, and it concocted this case, knowing
that the way that they set it up, it was a setup would
invalidate, in their colonial legal system, the sovereignty of
the land vested in Indigenous nations, and that it would
consolidate the power to annex that land into the US
government. It essentially said, “people can’t, you know, trade
and negotiate within Indigenous communities land, you have to go
through us”. And so I think it was a consolidation of power
move and an attempt to try to open up within their own
colonial legal framework, the idea that they were the arbiters
of of who owned land. Michelle Schenandoah: right,
absolutely. And from the US government perspective, they are
the trustees of all Indigenous land, in their mind, the way
that they see it. But according to us and our people, it’s not
that way, but that’s the way that the law behaves, right? Mommabear: It’s an illegitimate
assumption of superiority. It’s false. It can’t be further from
the truth. But when you talk about deed to the land, and in
Haudenosaunee philosophy, we talk about the Seventh
Generation, so to me, the deed lies in the mothers of our
nations, and the clear title to the land rests in the ovaries of
our young mothers. And to me, that’s undeniable. It’s not
concocted. It’s not made up. It’s the biological essence in
their connection to the earth. And if you’re an Indigenous
woman and you’ve got active ovaries and you’re in a state of
fertility, you’re the title holder of the land, and that’s
clear, and we understand that. So decisions about the land are
not made unless the mother is involved in that decision, and
it cannot be ceded or sold unless she signs it away. And
never in the history of this hemisphere have mothers or women
signed that away. So to me, it’s just a perpetuation of a
continued lie that positions this illegitimacy of power over
and it needs to be corrected. Brittany Koteles: The best way
I’ve heard a native person, a Haudenosaunee woman, put this
is, yeah, they got the land because they had God. They got
they the settlers got the land because they asserted that God
said so. And it was this, like closed loop thing, which was
made up. And yeah, it was a power move. It was a power move.
It’s a fabricated power move. Mommabear: But even in their own
philosophy, even God has a mother, and even in our stories,
our Creator has a mother, and he’s accountable to her, and but
they leave that out, right? So I don’t know. There’s a lot to be
said here. I think it’s really important that this be
challenged, be challenged straight out. And I think the
pushback is, and has to be, from the mothers of the land, because
the women are so connected, and they cycle with the land, the
Earth, the magnetic poles, the water, the oceans, the Moon. To
me, that’s her authority, and that’s what she’s connected to.
So for eons, men has tried to overpower that. So these made up
laws, and they’re made up. It’s a concoction of their own
thinking that that needs to be corrected, and Mommabear is here
to say, it’s time. The Mother’s back in the house. Beverley Jacobs: I just want to,
just want to add, because my my Eurocentric legal brain and my
Mommabear Mohawk Bear Clan connection. When we talk about
colonial law in these cases that are the Doctrine of Discovery, I
know we’re going to talk about how it was applied currently in
Oneida Nation, it’s the players in that system that still allow
it to continue, because it’s a systemic, colonial, legal, Euro
centric system that had control, not only systemically legally,
and have established these laws that we know is not right. We
know is not legal. They’re not legal according to our laws. So
then we have a conflict of laws. We have a conflict right. So in
order for conflict to to be resolved, there has to be
commonalities. So let’s say, when we have a conflict and we
have a mediator, somebody that comes in to try to to resolve
it, there has to be an under that common understanding about
the. A mother there has to be a common understanding about
Mother Law. There has to be a common standing about
understanding about Mother Earth and what they were trying to do
according to the doctrine of discovery and what their
intentions were. Again, it was all about greed. It was all
about erasure. It was all about inhumanity. They killed our
people. That was the whole intention, the genocide. It was
a genocide, and it’s been documented enough. We shouldn’t
have to go back to do that, because it’s already been done.
It’s what. Well, what are we going to do about it now? And so
then, you know, if we’re going to talk about this conflict that
is systemic, they need to listen. They need to listen to
what we’re saying, because it’s about our future, all of us as
humans, well. Michelle Schenandoah: You know,
speaking of mother, speaking of women, speaking of Mother Earth,
and speaking of the land, right? You know, we see the Doctrine of
Discovery is formed out of these papal bulls in the late 1400s
and then you see it being put into this case law in the early
1800s and then in 2005 we see it again. So Ruth Bader Ginsburg,
who is known to be this groundbreaking feminist right,
and a lot of women look to her because she was a leader for
women’s rights, but in 2005 she cited the Doctrine of Discovery
in the Cheryl V Oneida Nation case. And so this case had a
great impact upon the Haudenosaunee. So all of our
territories were taken illegally. We are right now in
the lands of the goniaga, haga, the Mohawk Nation, your nation,
and yet somebody else holds a deed to this property, and just
thinking of it as property. Look at this beautiful environment
that we’re in. This is the lands of the Mohawk Nation, the people
and that thinking created a break. It severed the
relationship of your nation to this place right here, of
Indigenous women to the land. And so what were the impacts on
Indigenous women and the connection to the land, our
connection to the land because of this doctrine. Mommabear: Well, I think it
destroyed their agriculture, because right in our creation
story, right from the get go, where a culture of procreators
and cultivators, and so the women made the decision where
the most fertile ground is based on the clay and how they can
make pottery and and they never stayed in one place because they
didn’t want to over harvest. So they had a real connection, a
real relationship, where land was bountiful and they would
they would move there. They would create whole societies,
huge metropolises of societies where planting was good, where
the water was good, where the clay was good, and that created
well organized societies based on what the women decided. And I
think it’s so vital for a lot of young women to recognize the
power that they hold, especially our young women, because, you
know, they have to inherit this mess, and we’re still trying to
clean up our own genocide, based upon Ginsberg. And I think she
gave up the moment she cited Doctrine of Discovery. She gave
up her own feminism. She surrendered herself to the
patriarchal mind, and it’s poison. At the end of the day,
it’s just absolute poison to continue to perpetuate such an
untruth that was made up and to put God’s name in the front of
that is God and greed. God and greed are together. So I demand
we fire god, because, to me, a real God would not do what has
been done. And even God, I’m sure, is a concoction of the
patriarchal mind, because they don’t bring life women do until
you return that balance, then balance can return to the earth.
But we are on absolute train wreck, and I feel sorry for the
generation that’s growing up, because what are they going to
inherit? What are we leaving behind for them? And as a mother
of. Five children, myself and a grandmother of 13 grandchildren.
You know, you’re kind of the referee with disputes, but you
always look for that peaceful resolve. And you know, in our
own stories, we talk about the peace mother, and it was because
of her and her ability and her brilliance to negotiate women’s
position that the women are the foundation to our Confederacy. Michelle Schenandoah: Would you
talk about how is the Doctrine of Discovery directly related to
missing and murdered indigenous women and peoples? Beverley Jacobs: Yeah, that’s a
the whole Doctrine of Discovery is about violence against
Indigenous people. That was the whole intention and violence
against the land. And so there’s been missing Indigenous women
since, since colonization, women have been disappearing just,
just the whole idea of, you know, women as leaders, women,
as decision makers. That was a whole intention was to erase the
women first, to get them out of the way so that we don’t have
any more babies. We won’t have any more future. You get rid of
the women, you don’t have any more any more conflict. It’s so
unbelievably sad, just thinking about the numbers of Indigenous
women who are not only murdered for who they are as Indigenous
women, but also those who go missing and and we also know
that, you know, they get thrown into, back into Mother Earth.
They got thrown into the waters. It’s like there’s no words to
explain how, how devastating that is when you think about the
relationship of our women to our families, to our communities,
and the erasure that that does to generations. Michelle Schenandoah: Yeah, and
the law has upheld a lot of these actions or inactions to
investigate, to look into this, and so much of it is rooted in
the fact that especially among the Haudenosaunee women, are the
ones to make the decision regarding the land and so in the
way of expansion and settling in the country, you know, by the
colonists and settlers who came here, who’s in the way
Indigenous women, I know that you’ve been very involved with
issues regarding, you know, your land, for your nation, and even
going back to the Oneida case, right, that case that Ruth Bader
Ginsburg cited the Doctrine of Discovery in 2005 that shut the
the door for Land Claims for all Haudenosaunee and my great
grandmother, she was one of those early mothers to the land
back movement, if you will, right who wrote to the
government. She spent that 2005 case closed the door
on that. That was the first year I started law school. I was
following in my grandmother’s footsteps and to work on our
land claims. I didn’t know what to do. I stayed in law school,
and through, you know, some really wonderful folks. I met a
Quaker woman at one of the speeches that I gave, and I was
telling her about how our Oneida people we were, we were forcibly
broken apart and relocated. So some of us are still in the
homelands, some are in Canada, some are in Wisconsin, and we’ve
been disconnected from each other, Mommabear: that’s right. And the
Oneidas were probably the most patriotic to the United States,
and they helped geographically shape what is the United States
and Canada. But the United States betrayed you’s, yeah,
they betrayed you’s, yeah. They promised
work in its superiority, right? So, man, Oneida, Oneida, you
know, it’s like, where is the story that tells how you’s
helped the United States win that war. Yeah, yeah. It’s
invisible. Michelle Schenandoah: It is
invisible. And you know, the Oneidas we were promised that
our lands would be forever protected by George Washington
himself, that’s right, right, who also, at the same time,
turned around and burned all the fields of food, you know, of so
many of our Haudenosaunee nations. And so there’s always
just been this inherent same time, and yet,
mentioned in in the texts that students learn about the history
of the US or Canada or global history, right? There has been a
groundswell of Indigenous scholars and traditional
practitioners who are really just making great strides in
bringing Indigenous thinking into law and into scholarship.
And so I would just like to ask, what are some of those changes,
some of those Indigenous centered policy and scholarship
changes that you see happening here in Turtle Island, right or
around the world? Beverley Jacobs: in the academic
institutions, there’s a lot of work with Indigenous
scholarship, Indigenous scholars who are hired in the
institutions and really trying to make Aashift even in the
education system. But now we’re having to educate the
institutions. It’s kind of like government, where there, you
know, you have a hierarchy, you conflict, right? You know, where
the US or the colonists would have a systemic colonial
institution with a bureaucracy. So it’s like you have to educate
everybody all the way up, all the way up the hierarchy. It’s
the same thing, because there’s still very racist people
throughout the institution making decisions that cause
barriers to our people. But then I see with all that education
that’s happening, that there’s little shifts that are being
made with Indigenous people being part of the institution.
So being a law professor, being a lawyer, being an advisor to
the president of the University of Windsor. You know, it’s been
a lot of battles. I’m going to call them battles, because it’s
a fight. It’s a continuous fight, not only to educate, but
to get them to understand about just basic Native studies, 101
like, who we are as a people, like, like, just basic stuff.
And it’s frustrating every day. So I see it happening, like,
really slowly with the younger generation, and I can see it.
That’s where I see the shift happening with because, like,
they’re in their 20s, when I look at the comparison between
what’s happening in our communities and our young people
are learning and revitalizing and reclaiming, and then with
the non-Indigenous, they’re also learning and becoming educated
and so then, then it’ll be easy for us, who have been trying to
fight this for such a long time and trying to bring this
awareness for such a long time that I’m hoping that it’ll be
easy for them to understand and make those changes and shifts
that need to happen in what we’re talking about, in their
relationship to the land and relationship to each other, and
to me, I’d always go, I always think about Kaswenta and the Two
Row, and think that that is going to be real, because that
relationship was about love and kindness and compassion and
truth and trust and that we’re going to live together and
thinking about things in the future. And so to me, that’s
always what I think about. Michelle Schenandoah: Would you
explain the Guswenta? Beverley Jacobs: So Kaswenta,
it’s a Two Row wampum belt that was made between our ancestors,
Haudenosaunee, between them and…us and the early
colonizers, with the Dutch, the French, the British and the US
and the intentions of that. So it’s a two lines on the belt and
Kaswenta literally translates into “river of life”, so that in
their ship, colonial ship, our canoe, are supposed to live
together, not interfering in each other’s ways of life with
three basic principles, peace, trust and friendship. And so if
we are to live with those principles, then, like,
perpetually, like, that’s what I’m thinking that if we’re
living with those principles in mind and our relationships, it’s
a healthy relationship. That’s what the whole intention of that
is, Kaswenta was to have healthy relationships, and that we would
live together in the future without interfering in each
other’s ways of being, and that we would maintain our our
sovereignty, our self determination, whatever English
term we want to call it, but it’s our ways of being, right? Michelle Schenandoah: Yeah, and
Mommabear, you talk about the Guswenta, the Two Row, and what
holds, what holds both of those vessels? Mommabear: Well, you can’t have
a vessel, a floating vessel, without water to float in. And
in our way, the water is feminine. The water is feminine.
It’s got female qualities. So to me, again, that is Mother Law in
its application in that first original treaty between the
first Europeans and the Indigenous people upon this
land. So to me, that’s the bond, or the element of connectivity.
She’s the glue. But you know, European patriarchal law made a
woman of possession. That’s why you take your father’s last name
or your husband’s last name, and that’s the mistake, that’s the
mistake that women fell into that but until we begin to take
back our names, take back our land, take back our children,
take back our bodies. We’re always going to be somebody’s
possession. Michelle Schenandoah: So this
leads me to to ask you a question. Beverley, thinking
about as Haudenosaunee people, we center our way of life around
what we call the Great Law of Peace, and in Western law, it’s
very much centered around rights. Under the Great Law of
Peace, we have responsibilities, and under the law, people have
rights. So from these two different perspectives, can you
discuss and describe the distinction between rights and
responsibilities? Beverley Jacobs: I grew up
understanding the Great Law, understanding about the
Confederacy, the governance was enacted under the Great Law, and
how the Confederacy works, the relationships amongst nations,
the role of of our clan mothers, and the relationship with with
her male leadership. It was always about balance and so and
everybody has a responsibility, whether it’s to our families, to
our nations, to our clans. Everybody has a responsibility.
It’s all it’s all part of the establishment of of the
Confederacy and so clan and nation…so when you’re born
into a clan, you know what your responsibilities are, to your
family, to your clan, to your nation and to the Confederacy,
we all have a huge responsibility. In law school,
we learn about this liberal understanding about law and that
everything is based on this individual aspect, which is what
rights comes from. And so rights became part of the language even
our own people started to use: “I have a right to hunt. I have
a right to fish. I have a right to my language. I have a right
to to where I live. I have, I have a human right to have a,
you know…”, all these rights standards that came, but they
came under colonial law. So that’s why I say rights came
with their ship. Responsibilities came with our
laws. And so if you’re looking at the Two Row and you’re
looking at how they were supposed to work together, the
rights and responsibilities are also supposed to be balanced and
working together. So then, if I have a right to fish, I not only
have a responsibility to the water, I have a responsibility
to the fish. So it’s not just I have the right to hunt also, you
know, I have a right to those animals, I have a
responsibility. Yeah, it’s a whole different way of
understanding our relationship, also to not only the
responsibilities, but to to the rights, whatever we’re talking
about. Michelle Schenandoah: Yeah,
thank you. Mommabear, let’s talk about 2022. March. 2022 You sent me a text message that
says, “Would you like to go to Rome to meet the Pope?” You
know, I think “Rome, New York? What is she talking about?”
Yeah, so…you, you sent me to the Vatican along with one of
our sisters, and I was asked to address the Pope, along with an
Indigenous delegation who we traveled with to talk about the
abuses that happened at Indian residential schools that was
directly under the hand of the Church. And in addition to that,
to also ask him to rescind the Doctrine of Discovery. And so we
know that that didn’t happen. It still hasn’t happened. And the
Pope came to Canada to formally apologize to the Indigenous
peoples, and we still stayed connected, you know, to this
whole entire process. And when the Pope came to Canada and came
to Quebec City, we had a Haudenosaunee delegation that
you and I were a part of, and we were told that we would have
time with the Pope, and that, as the Indigenous leaders yourself
and the other leaders who are with us, would have time while
he is on our land, right? But that didn’t happen. The pope met
with all the Canadian officials that were present at this event
we went to, and all the Indigenous leaders that were
there was completely ignored. That’s right, yeah. So, you
know, I have a question for you, which is, what would have
happened if the Church had kept its word and met with our
Haudenosaunee people, and what would have been the protocols
that the Pope would have experienced Mommabear: He would have
experienced coming into the territory of the Haudenosaunee.
And that’s debatable if Quebec City is Haudenosaunee or not,
but you know, we pretty much controlled the whole St Lawrence
River Corridor, right from the mouth of the St Lawrence all the
way down into the Great Lakes. He would have had an Edge of the
Woods ceremony, and they would have done an unburdening of his
travels, and they would have permeated his consciousness with
peace and good will. But that didn’t happen. And I know that
we were on the agenda in the morning of because I had a whole
speech prepared, you know, an hour before I was told I got
removed from the agenda, that our leaders got removed from the
agenda. And so, you know, it was, you know, we were just the
window dressing to this visit that he did in Canada. And I
know that you were also window dressing to the Vatican. So to
me, it’s a river of denial that the Pope showed us that day. And
it showed to me that really, he’s just a man controlled by
all the bishops and cardinals. And I know we had dinner with
them, and you know, they continue to feed off this
illegitimate assumption of superiority and that God is
great. To me, it was just the Pope and his entire monstrosity
of a parade that was going on was to just show the world again
that he can exert power over Indigenous people and to me, but
that was upsetting. But a debt needs to be paid. A debt needs
to be paid because there’s been a theft, there’s been a theft of
humanity, and that debt needs to be paid. And so the Church is
going to pay for that, and I was sitting like from me to you
front of the Pope, but I didn’t exist. He didn’t see me. He
didn’t see me. I might as well have been invisible. And you
know when you talk about how things are shifting, I think
perhaps one of the biggest shifts that I felt is these
ladies over here. They get it, and they want to own it, yeah,
and they’re…they are owning it, you know what I mean? And to
me, that speaks to the integrity of our allies, that there still
really is good-thinking, good-hearted, good you know,
just good people. You’re returning honor to your people,
you know, and to me, that’s beautiful because it shows me
that there is humanity in the inhumane. Yeah, so I thank you
for that. It’s beautiful. Michelle Schenandoah: Yeah, it
was really beautiful. Back in December 2023 the five of us,
along with other Mommabear: You dragged me to
that. Michelle Schenandoah: And aren’t
you so happy because you met these two? Mommabear: Right? Yeah, yes,
come on, we’re gonna go spend a week with some nuns? I said,
“Nuns! Why would I want to go so with some nuns?” But yeah, you
know, when you get beyond your own wall of conflict, you see
something beautiful on the other side of fear, something really
beautiful. And I had to get beyond that. So I thank you,
young ladies for showing up. Yeah. Michelle Schenandoah: So right
here, with this group, along with some other Indigenous and
non-Indigenous scholars, activists, traditional
practitioners, we met in Oneida lands in Haudenosaunee,
territories where the Doctrine of Discovery was cited against
my people, right? And there we brought our minds together, and
from here, have launched Mother Law and Complicit No Nore as a
campaign with the two of you who are leading this now as a course
of study and action that people can engage with, can you talk a
little bit about what is this campaign, and how can people
become involved? Sarah Bradley: in order to make
things right, we have to realize when they’re wrong that they’re
wrong. And I think one of the main things that is stopping us
from being able to have the kind of togetherness and seeing what
needs to happen for us that have a livable future for us to honor
the mother again, is this denial that the way things are isn’t
working and is inhumane and is destroying the planet and so
Complicit No More, is really a campaign to support People in
recognizing the Doctrine of Discovery all around us, and the
impacts that it has on our families, on where we live, on
our family histories, on the wealth distribution in this
country, on the distribution of power and the way things work.
You know, it’s really in the fabric of our society, so deep,
and in order to remove our consent from these domination
codes, we first have to see it, and we have to feel it. We have
to we have to grieve it. And in that space can be opened for
actually making a very different choice. And it’s a choice that
has to, has to really go deep into, like, our own sense of who
we are. And I think that is your invitation to Mother Law. Mommabear: Yeah, absolutely, Sarah Bradley: We need to
reanimate the Mother Law traditions that we carry in
ourselves, in our own lineages, and we need to stand in power
together. I do think this is, this is work that we’re doing,
primarily with white women right now, in terms of the people that
we’re working with, because there’s a particular
responsibility as people who have benefited in many, many
ways from this colonial setup from the Doctrine of Discovery,
we actually need to remove the poison from ourselves first, in
order to be good allies, in order to be good accomplices and
in solidarity with this other path forward. Michelle Schenandoah: As we’re
bringing this to a close, you know, we’ve formed a friendship.
We’ve formed an alliance and a campaign to make real change,
right? So what do you all believe is like the most
important lesson people can learn about creating meaningful
relationships with Indigenous peoples and creating alliances. Mommabear: I think the world in
this moment rests in how we propel ourselves forward. But
you know, in the Haudenosaunee way, knowledge ain’t yours until
you share it, and we have a huge responsibility to the next
generation, because I don’t want to leave them the mess. I want
them to have something to look forward to, and I want them to
appreciate life as it should be. But we have to get rid of this
domination code and this war-mongering mindset that
continues to cloud our happiness. Michelle Schenandoah: It’s a
great place to end, but I think you have something go for it.
What’s the most important lesson in building these relationships. Brittany Koteles: It’s moving
the power back to balance, back to the mother, back to
Indigenous life ways. And it’s also a reclaiming of a wholeness
for all of us, and until we understand that if, if I think a
lot of times what gets people in the. Or of this work is the the
sort of shock of the the injustice, and it’s it’s through
doing that work of removing our complicity and doing that work
of repair, moving power where it belongs, that we’re not just
going to get to equilibrium. We’re going to live in the world
that humans were designed to live in. Sarah Bradley: We have to do
this work, not only because it’s the right thing to do, not only
because of healing and wholeness that’s possible, but also
because this feels existential, like if we if we aren’t able to
do this life as we know it will will no longer be possible. And
life’s for so many life forms will no longer be possible, like
we gotta get this, is kind of how I feel about it, which is
really intense, I recognize. But, you know, I’ve really It
feels so imperative, because we’re living in a polycrisis,
whether you’re looking at environmental destruction or
housing, or you’re looking at political violence, or, you
know, domestic violence, or any, any of these things, it feels so
connected to this Gordian knot of the original sins of this
nation, if we’ll call it, that, of the Doctrine of Discovery.
And it’s not just for, you know Indigenous people or you know
the descendants of settlers. It’s – this is important for
everyone. This is important for everyone. This is, this is all
of our lives. And you know, the Doctrine of Discovery enabled
Indigenous land theft, the transatlantic slave trade, the
colonization of 84% of the land on this planet. Brittany Koteles: Like, what a
beautiful opportunity, what a beautiful story that we have the
chance to live out together, if, if we do the work of removing
the poison, and that story of return and rematriation and re
enchantment and healing like that’s not the hero’s journey
conquers all story that’s a woman’s story, that’s a mother’s
story. And what a beautiful story that we have the chance to
try to tell. Michelle Schenandoah: Yeah,
thank you. Bev, do you have anything you’d like to say in Beverley Jacobs: I always go
just right back to responsibility, our
responsibilities in this lifetime, and thinking about our
future generations and acting on it, like, like, I like the
campaign Complicit No More. Like, it’s…we can’t just sit
back and do nothing anymore. And I try to tell my kids that
because they’re complicit, because, you know, we pamper
them so much, I think sometimes that we we forget that they too,
need to start acting and start doing. You know, start planting,
start learning, learning the language, learning the respect
of the mother, because that’s been lost too, and the impacts
of the violence in our own communities, every kind of
violence you can think of, violence in in the world,
racism, racism is violent, right? And just that whole
understanding of the relationship to the natural
world, just abiding by and living with the Thanksgiving
Address like it’s just so simple. My uncle would say that
he would say, like, different words, different different
responses to questions that I would have, and there were just
very basic, simple responses, like, be ready. Would be one of
his…one of his sayings, or one of the things that he would say,
and that, just when you think about that, like, that’s the so
much in that to be ready well, be ready for what? Be ready for
the changes that are coming. Be ready for the shifts in the
world. Be ready for your own shifts in your relationships,
like there’s just so much in that to be ready and everybody’s
responsible, Michelle Schenandoah: Yeah. Michelle Schenandoah: Yeah, wow.
So grateful to each of you for our time together, and we have
to take action. Right? If there’s anything for people to
take away from this is to take action right, to not be
complicit anymore. More, it’s time to take action so that all
of our great, great grandchildren into the future,
collectively as one humankind can enjoy the beauty of this
earth and life on earth. You (♪)Rematriated Voices was recorded
on Mohawk Land at Minnowbrook Conference Center overlooking
Blue Mountain Lake in the Adirondack Mountains. It’s a
collaboration between Rematriation and Access Audio
from the Special Collections Research Center at Syracuse
University Libraries. It was produced by me, Michelle
Shenandoah and Jim O’Connor. Audio recording and mixing by
Brett Barry at Silver Hollow Audio on Lenape Land in the
Catskills. Executive Production Assistant: Catherine Faurot.
Production Assistants: Jalyn Jimerson, Pamela Pembleton and
Caryn Miller. Sound assistants: Griffin O’Neill and Olivia
Peters. Cultural and Storytelling Consultants: Rachel
Porter, Katsitsionni Fox and Neal Powless. Research
Assistant: Nada Merghani. Energy healer: Christina Porter. Theme
song: Healing Song by Bear Fox and Teioswathe. Yaw^ko (a big
thank you) to Chancellor Kent Syverud, Candace Campbell
Jackson and Patricia Dellonte from the Office of the
Chancellor at Syracuse University. Similar thanks to
Nicolette Dobrowolski and Courtney Hicks of the Special
Collections Research Center and Aileen Gallagher and Jon Glass
of the SI Newhouse School of Public Communications, and a
special thanks to Linda Parris of the Open Societies
Foundations. Vocal Coaching by Joanne Yarrow of Distinctive
Voices.(♪)